<div class="chunk-title">Sec. 36-125. - Waterfront subdivisions.</div>
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               (a)
               
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               Where a subdivision which adjoins any body of water contains interior lots, parcels
               or tracts of land which do not adjoin the water's edge, but any part of which is within
               450 feet of the water's edge, one or more lots which adjoin the water's edge shall
               be reserved to provide water access for owners of all lots in the subdivision. Such
               lots shall hereafter be called water access lots.
               
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               (b)
               
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               If property which is in the same ownership adjoins a subdivision, this property shall
               be construed as being a part of the subdivision for purposes of determining the requirements
               of water access lots.
               
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               (c)
               
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               The water access lots shall equal in area no less than ten percent of the area of
               all the interior lots which lie within 450 feet of the water's edge. All water access
               lots shall have a minimum frontage at the water's edge of 100 feet. In no case shall
               the area of a water access lot equal less than one-half of the square footage of the
               average interior lot.
               
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               (d)
               
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               The water access lots shall either be dedicated to the county (but only if the county
               agrees to accept such dedication) or shall be transferred in fee simple title to the
               common ownership of the subdivision's lot owners.
               
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               (e)
               
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               Before approval of the final plat can be given, the subdivider shall submit to the
               board a covenant stating that he will:
               
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               (1)
               
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               Dedicate the required amount of water access lots to the county; or
               
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               (2)
               
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               Convey title to the water assess lots to the purchasers of all lots in the subdivision,
               said purchasers to have common ownership of the water access lots with undivided fee
               simple interest and to be equally responsible for the maintenance of the water access
               lots.
               
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               (f)
               
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               If the subdivider elects to dedicate the water access lots to the county, the board
               must have agreed to accept the responsibility for maintaining the lots; and the preliminary
               plat and the final plat must show the dedication. If the title is transferred to the
               lot owners, the preliminary plat and the final plat shall designate the following:
               
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               (1)
               
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               The lots that are to serve as water access lots; and
               
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               (2)
               
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               The fact that all subdivision lot owners are to have common title to the water access
               lots.
               
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               (g)
               
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               A developer may provide funds to the county whereby the county may acquire recreational
               land or areas to serve the development or subdivision, including the purchase of land
               which may be used to serve more than one subdivision or development within the immediate
               area.
               
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               (h)
               
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               To better protect and improve water quality, all setback areas must have vegetative
               coverage. In addition, all waterfront development is subject to any CAMA setback requirements
               or impervious surface regulations.
               
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            <p class="historynote0">
               (Ord. No. 85, art. VII, Â§ 12, 3-6-2000)
               
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